TRADEMARK | The EUIPO on GAME OF THRONES reputation

On 12 March 2025, the Opposition Division of the European Union Intellectual Property Office (EUIPO) issued its decision refusing the registration of the sign “GAME OF DÖNER” under Article 8(5) of the EUTMR, following an opposition from Home Box Office, Inc. (HBO), owner of the well-known trademark “GAME OF THRONES”. According to the EUIPO, the extensive evidence submitted by HBO demonstrated the significant popularity of the TV series Game of Thrones among the EU public. In addition, the trademark “GAME OF THRONES” had been in use for over 10 years, not only as the title for a copyright work, but also as an indicator of commercial origin. Rather than being perceived merely as a title, the sign has come to be recognized as a trademark not only in connection with the TV series, but also due to its strong association with a wide range of merchandise and events (such as Game of Thrones tours, collectibles, and lifestyle products). Through this widespread use, HBO established a high level of reputation of its trademark in the EU, particularly in relation to “entertainment in the form of television programmes” under Class 41 of the Nice Classification. Finally, the EUIPO noted that the sign “GAME OF DÖNER” would have unfairly exploit on the positive associations with the Game of Thrones series, benefiting from HBO’s brand image without making the necessary investment, and thereby taking an unfair advantage of the reputation of HBO’s “GAME OF THRONES.

Newsletter n. 107 – May 2025